Petitioner Ibrahim Shah is booked in case FIR No. 125/2018 dated 3.5.2018 registered at Police Station Sahoka, District Vehari, for offences under Sectio ns 302/324/148/149 PPC. Through this application he seeks post-arrest bail in the said case.
2. As per FIR, the prosecution case is that on 3-5-2018 at about 12:00 noon/01:00 p.m. the Petitioner and his co- accused while armed with deadly weapons formed an -unlawful assembly and in prosecution of its common object attacked the complainant party . As a result, Complainant's father (Mukhtar Shah son of Rasheed Shah) was killed and his step-mother Sidra Bibi was injured.
3. Arguments heard. Record perused.
4. According to the FIR the precise allega tion against the Petitioner is that he shot at Mukhtar Shah in the face with his .12 bore pistol. Sidra Bibi, who was allegedly injured in the occurrence and is the star witness of this case, has filed an affidavit categorically stating that he is innocent did not fire at Mukhtar Shah deceased at all. More importantly , this is a case of two versions. Co-accused Mukhtar Shah son of Sher Shah has lodged Cross-version No. 1/18 dated 3-5-2018 registered unde r Sections 302/324/148/149 PPC according to which the I complainant party of the instant FIR was the aggressor . Two persons from the Petitioner's side also lost their lives in the occurrence. During the investigation the police have confirmed this stance of the petitioner party vide Zimni No. 33 dated 10-7-2018. In the circumstances, it calls for further inquiry to determine guilt of the Petitioner for the alleged offence. Co-accused Mukhtar Shah son of Sher Shah has already been admitted to bail by this Court whose role is at par with him. The Petitioner is entitled to the same relief on the basis of rule of consistency . Reliance is placed on "Muhammad Fazal alias Bodi Vs. The State " (1979 SCMR 9) and "Muhammad Daud and another Vs. The State and another " (2008 SCMR 173 ).
5.The Petitioner is in jail since 09-05-2018. He has joined the investigation, is not required by the police for any further probe.
His trial is not likely to be concluded in the foreseeable future. No useful purpose would be served in keeping him behind the bars for an indefinite period.
6. For what has been discussed above,, this application is allowed . The Petitioner is admitted to bail subject to his furnishing bail .bond in the sum of Rs.200 ,000/- (Rupees two hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.